Pejčinović Burić: Slovenia Grossly Compromised the Arbitration Process

Croatia will timely submit a response to the European Commission in which it will argue that Slovenia has grossly compromised the arbitration process, stated Croatian Minister of Foreign and European Affairs Marija Pejčinović Burić on Monday in Luxembourg.

>>>MVEP: Croatia does not violate EU law by rejecting the arbitration decision

“Tomorrow we need to submit a response to the lawsuit that Slovenia has filed with the European Commission. For us, nothing changes; we will respond in the sense that there is no basis for Slovenia’s request, invoking Article 259 of the EU Treaty, nor should it have gone that way. We have very clearly offered dialogue and a legal framework through which we could discuss. Slovenia has decided to go that way, filed a complaint with the Commission, and we will clearly state in our response tomorrow that the arbitration ruling, which is the result of an arbitration process that was grossly compromised by the Slovenian judge and agent, could not yield a valid result that would bind Croatia. In that sense, we conclude that there is no violation of European law, there has been no change on the ground, the border is where it was in 1991, and we will respond to Slovenia’s complaint with arguments,” the minister told reporters, who is participating in the Foreign Affairs Council meeting in Luxembourg.

>>>Slovenia: By exiting the arbitration, Croatia has caused problems for the EU and its role in the Balkans

The European Commission has called on Croatia to respond in writing by April 17 to Slovenia’s letter in which Ljubljana seeks the Commission’s opinion on its position that Croatia, by refusing to apply the arbitration decision, violates European and international law. When asked who would represent Croatia at the oral hearing on May 2, the minister replied that it is customary for legal experts to attend.

“It is customary for legal experts to attend. Very rarely do states decide to come at a political level, and this is usually not well received by the Commission nor is it considered necessary. These are legal matters that should be discussed by legal experts. We believe that experienced international experts and experts in European law, who can speak authoritatively on the matter, should attend,” said Pejčinović Burić.

>>> Slovenians send over a hundred pages of materials to the EC, seek initiation of proceedings against Croatia

Slovenia has initiated proceedings before the European Commission in accordance with Article 259 of the Treaty on the Functioning of the European Union, claiming that Croatia, by not recognizing and implementing the arbitration decision of June 29, 2017, violates European Union law. This has formally initiated a procedure within the European Commission, which lasts three months, during which both parties must exchange written submissions and hold an oral hearing in the European Commission.

At the end of the procedure, the European Commission may express its opinion on the alleged violation of EU law, but it is not obliged to do so. Regardless of whether the Commission provides its opinion or not, Slovenia may file a lawsuit against Croatia with the EU Court after the expiration of that three-month period.